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Andhra Pradesh High Court - Amravati

Iifl Finance Ltd vs The State Of Andhra Pradesh on 24 April, 2024

Author: K Sreenivasa Reddy

Bench: K Sreenivasa Reddy

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT
(SPECIAL ORIGINAL JURISDICTION)

WEDNESDAY, THE TWENTY FOURTH DAY OF APRIL,
PWO THOUSAND AND TWENTY FOUR

7PRESENT:

WRIT PETITION NO: 9820 OF 2024
Between:
NFL Finance Lid, (india Infoline Finance Limited), having is Regd afice al
NFL House, Sun infolech Park, Road No. 16V, Plot No. 8-23, Thane Industrial
Area, Wagie Estete, Thane- 400604, being rep By its authorised signatory,
Angant Durga Prakash, S/o A.Gangaiah, Aged 37 years, Qce Territoty
Manager, JFL Finance Lid, Althsingh Nagar, Vilayawada,

.. Patitioner

AND
7. The State of Andhra Pradesh, ren by ts Principal Secretary, Nome

Department, Secretarial, Velagapuci, Guntur District.

2. The Station House Officer, Chinna Chowk UG Police Station, Kadapa.
3S. Chanikyala Soujanya, Wo K.Niyananda Rao, Aged 32 years, Rfo

D.Na. 58/184-2, {F Circle, Akkayapalll village, Kedapa, YOR Kad
Distict

gy
oe
o

. Respondents

Petition under Article 226 of the Constitution of india is led praying thal

in the circurnstances stated in the affidavil fled therewith, the High Court may
he pleased ta issue a wril, arder or direction, more psrticularly one in the
nature of a Writ of Mandamus declaring the actions of the 2° respondent
authority in interfering with the day to day activities of the pelitioner company

and threating the employees of the pelifioner company to surrender the gold

aid

armaments pledged by the 3° respondent for loans availed under the guise of
the irpugried notice di. 12.04 2024 Lifsec Of of Cr PLC in Cr. No. T6024, of
Chinna Chowk UG Police Station, Radapa, U/sec 409, 420 and (B) of IPC as

arbitrary, Hlegal, violative of the principles of natural justice and violative of ihe


Articde 19 (1) fg) of the Constitution of india and to consequently set aside the
impugned notice di. 12.04 2024:
iA NG: 7 OF 2088:

Peltier under Section P57 CRO

sircumetances stated In the affidavif fled in susport of tre wri petition, the

Hy
ots
£2

nraying that in. the

High Court may be pleased io grant interim stay of all further proceeding
pursuant to the imougned notice dt. 12.04.2024 issued by the 2" respondent.
sending disposal of WP No S820 of 2024, on the fle of the High Court.
IA NO: 2 OF 2024:
Patiion under Section 187 CPC is fled oraying that in. the

circumstances stated in the affidavii fled in sugport of the wri petition, the
High Court may be pleased to direct the 2° respondent nof to iake any
coarcive stens against the peliiioner company with regard handing aver of the
gold ornaments pledged by the 3" respondent, pending disposal of
WP No.9520 of 2024, on the fie of the High Court.

The petition caryng on for hearing, upon renns the Fettion and the
affidavit fied In support thereat and upon hearing the arguments of br Goal
Narayana Rao, Acvecate for the Pefitioner and GP for Home for the
Respondent Nos.7 & 2, the Gourl made the ilowing,
ORDER:

"earned Assistant Government Pleader for Home seeks two weeks time fo fle counter affidavit, List the matter after surmmer vacation, 2024. in the meanwhile, the Station House Officer, Chinna Cheavk UG Police Station, Kacapa is directed not fo insist for producing the pledged gold ornaments In conmection with Crime NO.78 of 2624 of Chinna Chowk UG Police Siation, Kadapa. H is made clear that the petiianer shall not alienate the saicl oraperty." TRUE COPY! Por > MM . The Principal Secretary, State of Andhra Pradesh, Home Department, Secretariat, Velagapudi, Guntur District. . The Station House Officer, Chinna Chowk LIG Police Station, Kadapa. Chanikyala Soujanya, Wo K. Niyananda Rao, R/o D.No. 88/184¢-2, IT Gircle, ee vilage, Radapa, YSR Kadapa District. (Addressee Nos.7 fo 3 by RPAD} Gne CS to Sri. G.Sai Nerayana Rao, Advocate [OPUC] Two COs to GP for Home, High Court of Andhra Pradesh. (OUT! ne spare copy NESH COURT SRK, J DATED 24/04/2024 NOTE: LIST THE MATTER AFTER SUMMER VACATION, 2024 ORDER WP No S520 of 2024 DIRECTION